(A) Purpose. The purpose of this section is to comply with the requirements of Cal. Gov’t Code § 65850.6, for which a Section 6409(a) approval is not being requested. This section provides the requirements, standards and regulations for a wireless telecommunications collocation facility subject to this chapter for which subsequent collocation is a permitted use and for which only a ministerial review is required. Only those facilities that fully comply with the eligibility requirements set forth in Cal. Gov’t Code § 65850.6, or its successor provision, and which strictly adhere to the requirements and regulations set forth in this section shall qualify as a wireless telecommunications collocation facility. For purposes of this § 17.46.120 only, COLLOCATION FACILITY shall have the meaning set forth in Cal. Gov’t Code § 65850.6, as amended or superseded. (See § 17.46.020, definition of “collocation”, division (2).)
(B) Permit or review required. In addition to any other permit required by this code, a wireless telecommunications collocation facility shall be subject to either an administrative review, a minor conditional use permit or a conditional use permit. Whether the permit is an administrative review, a minor conditional use permit or a conditional use permit will depend upon whether the application is for an initial collocation facility or is for a subsequent collocation facility and the proposed facility’s dimensions, bulk, size and location, based upon the type of permit that would be required by this chapter if a wireless telecommunications facility permit was instead requested.
(C) Application, standards and approval requirements. All requirements, regulations, standards and conditions set forth in this chapter for a wireless telecommunications facility shall apply to a wireless telecommunications collocation facility; provided, however, the following shall also apply to a wireless telecommunications collocation facility:
(1) The applicant for a wireless telecommunications collocation facility permit shall answer each question or request on the required application form so as to describe or depict:
(a) The wireless telecommunications collocation facility as it will be initially built; and
(b) All collocations at full build-out, including, but not limited to, all antennas, antenna support structures and accessory equipment.
(2) Any collocation shall use screening and camouflage or other stealth methods substantially similar to those used on the existing wireless telecommunications facilities unless other optional screening and camouflage or other stealth methods are specified in the conditions of approval.
(3) A wireless telecommunications collocation facility permit shall not be approved unless an environmental impact report, negative declaration, or mitigated negative declaration was prepared and approved for the wireless telecommunications collocation facility, and the proposed collocation facility incorporates required mitigation measures specified in that environmental impact report, negative declaration or mitigated negative declaration.
(D) Notwithstanding any other provision of this chapter, a subsequent collocation on a wireless telecommunications collocation facility shall be a permitted use pursuant to Cal. Gov’t Code § 65850.6 subject only to administrative review and any other ministerial permits, if all of the following requirements are met:
(1) The wireless telecommunications collocation facility was approved after January 1, 2007, by discretionary permit issued by the city;
(2) An environmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted, for the wireless telecommunications collocation facility in compliance with CEQA; the requirements of Cal. Public Resources Code §
(3) The proposed wireless telecommunications facility otherwise complies with the requirements of Cal. Gov’t Code § 65850.6(b), or its successor provision, for addition of a collocation facility to a wireless telecommunications collocation facility, including, but not limited to, compliance with all performance and maintenance requirements, regulations and standards in this chapter and the conditions of approval in the wireless telecommunications collocation facility permit;
(4) Provided, however, only those collocations that were specifically considered when the relevant environmental document was prepared are a permitted use.
(5) Before collocation, the applicant seeking collocation shall obtain all other applicable ministerial permit(s), as required pursuant to this code.
(E) Facility modifications. Except as otherwise provided above, approval of a new or amended facility permit shall be required when the facility is modified other than by collocation in accordance with this section, or the proposed collocation:
(1) Increases the height of the existing permitted telecommunications tower or otherwise changes the bulk, size, location, or any other physical attributes of the existing permitted wireless telecommunications collocation facility unless specifically permitted under the conditions of approval applicable to such wireless telecommunications collocation facility or Section 6409(a); or
(2) Adds any microwave dish or other antenna not expressly permitted to be included in a collocation facility by the conditions of approval.
(F) Effect of changes to state law. This section does not and shall not be construed to grant any rights beyond those granted by Cal. Gov’t Code § 65850.6. In the event Cal. Gov’t Code § 65850.6 is stayed, amended, revised or otherwise not in effect, no modifications to a wireless telecommunications colocation facility shall be processed or approved under this § 17.46.120.
(Ord. 2021-10 § 6 (part), 2021)